The Court (Sedgwick, Sewall, and Thacher, justices) granted the motion. Afterwards, upon examining the docket, it appeared that the plaintiff had leave to amend at the last term, when only Thacher, J., was present. The Court therefore directed the clerk to make no entry of the present order; because the plaintiff might proceed to amend on the former leave granted.
George Leighton versus John Leighton
1 Will. 3231 Mass. 323
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